Ask The Expert: Can Employees Take Back Their Resignation?

If an employee resigns, does he have period of time in which he can rescind their resignation letter? And if that happens, does the company have to accept it?

ANSWER

No and No

EXPLANATION

The rule is that once employees provide clear and unambiguous notice of their intent to resign and you accept the resignation, you don’t have to let them take it back if they change their mind later. But there are a few things to keep in mind:

Not allowing an employee to rescind a resignation may be wrongful termination if the resignation notice turns out NOT to be clear and unambiguous; and

Employees can also rescind their resignation if you haven’t yet accepted it.

That’s why it’s advisable to do 2 things when an employee resigns assuming, of course, that you don’t want the employee to come back:

Ensure that the notice is, in fact, a clear and unambiguous expression of resignation; and

Accept the resignation in writing as soon as possible after receiving it.